Uniformed Services Employment and Reemployment Rights
Published on AidPage by
IDILOGIC on Jun 24, 2005
Purpose of this program:
To protect and facilitate the smooth and prompt reemployment of members of the uniformed services (to include National Guard and Reserves) following performance of qualifying military service. Also, to prohibit discrimination in employment and acts of reprisal against persons because of their obligation in the uniformed services, filing a claim, seeking assistance concerning an alleged violation, testifying in a proceeding, or otherwise participating in an investigation.
Possible uses and use restrictions...
To assist persons who perform service in the uniformed services to secure employment or prompt reinstatement with their pre-service employers, and to secure the crediting of all seniority rights and benefits to that employment. To provide information and assistance to employers and to labor organizations and other elements of the community concerned with veterans' employment and reemployment. The Department of Labor - Veterans' Employment and Training Service investigates complaints with the goal of voluntary resolution of veterans' employment and reemployment problems. Unresolved complaints are referred to the Department of Justice or to the Office of Special Counsel upon request for consideration for representation in the Federal District courts or before the Merit Systems Protection Board.
Who is eligible to apply...
Persons performing voluntary or involuntary service in the uniformed services (includes active duty, active duty for training, initial active duty for training, inactive duty training, full time National Guard duty, and the period absent from employment while being examined to determine fitness for such). Claimants must conform to all statutory eligibility requirements, including notification, intent, and timeliness of actions. Entitlement terminates upon separation from uniformed service with a bad conduct or dishonorable discharge or upon separation under other than honorable conditions, a "dismissal" or "dropping from the rolls" pursuant to sections 1161(a) and 1161(b) of Title 10, U.S. code.
Credentials/Documentation
Applicants should be able to provide evidence of pre-service employment, proper notification, length and character of service, and proper request for reinstatement.
Note:This is a brief description of the credentials or documentation required prior to, or along with, an application for assistance.
About this section:
This section indicates who can apply to the Federal government for assistance and the criteria the potential applicant must satisfy.
For example, individuals may be eligible for research grants, and the criteria to be satisfied may be that they have a professional or scientific degree,
3 years of research experience, and be a citizen of the United States. Universities, medical schools, hospitals, or State and local governments may also be eligible.
Where State governments are eligible, the type of State agency will be indicated (State welfare agency or State agency on aging) and the criteria that they
must satisfy.
Certain federal programs (e.g., the Pell Grant program which provides grants to students) involve intermediate levels of application processing, i.e., applications
are transmitted through colleges or universities that are neither the direct applicant nor the ultimate beneficiary. For these programs,
the criteria that the intermediaries must satisfy are also indicated, along with intermediaries who are not eligible.
How to apply...
Application Procedure:
Contact the nearest Department of Labor, Veterans' Employment and Training Service (USDOL-VETS) office listed in Additional Contact Information - FMR Help.
Note: Each program will indicate whether applications are to be submitted to the Federal headquarters, regional or local office, or to a State or local government office.
Award Procedure:
Not applicable.
Note: Grant payments may be made by a letter of credit, advance by Treasury check, or reimbursement by Treasury check.
Awards may be made by the headquarters office directly to the applicant, an agency field office, a regional office,
or by an authorized county office. The assistance may pass through the initial applicant for further distribution by
intermediate level applicants to groups or individuals in the private sector.
Deadlines and process...
Deadlines
There are no deadlines to request assistance from USDOL-VETS. However, time limits exist for individuals to request reinstatement with their pre-service employers.
Note:
When available, this section indicates the deadlines for applications to the funding agency which will
be stated in terms of the date(s) or between what dates the application should be received.
When not available, applicants should contact the funding agency for deadline information.
Range of Approval/Disapproval Time
Not applicable.
Preapplication Coordination
None. This program is excluded from coverage under E.O. 12372.
Note:
This section indicates whether any prior coordination or approval is required with governmental or nongovernmental units
prior to the submission of a formal application to the federal funding agency.
Appeals
The statute authorizes court review for unresolved complaints. Private action is also authorized; contact the nearest USDOL-VETS office listed in Additional Contact Information - FMR Help for the procedure.
Note:
In some cases, there are no provisions for appeal. Where applicable, this section discusses appeal procedures or allowable rework time for resubmission
of applications to be processed by the funding agency. Appeal procedures vary with individual programs and are either listed in this section or
applicants are referred to appeal procedures documented in the relevant Code of Federal Regulations (CFR).
Renewals
Not applicable.
Note:
In some instances, renewal procedures may be the same as for the application procedure, e.g., for projects of a non-continuing nature renewals will be treated as new, competing applications; for projects of an ongoing nature, renewals may be given annually.
Who can benefit...
Persons performing voluntary or involuntary service in the uniformed services (includes active duty, active duty for training, initial active duty for training, inactive duty training, full time National Guard duty, and the period absent from employment while being examined to determine fitness for such). Claimants must conform to all statutory eligibility requirements, including notification, intent, and timeliness of actions.
Beneficiaries
About this section:
This section lists the ultimate beneficiaries of a program, the criteria they must satisfy and who specifically is not eligible. The applicant and beneficiary will generally be the same for programs that provide assistance directly from a Federal agency. However, financial assistance that passes through State or local governments will have different applicants and beneficiaries since the assistance is transmitted to private sector beneficiaries who are not obligated to request or apply for the assistance.
What types of assistance...
Advisory Services and Counseling
Programs which provide Federal specialists to consult, advise, or counsel communities or individuals to include conferences, workshops, or personal contacts. This may involve the use of published information, but only in a secondary capacity.
Dissemination of Technical Information
Programs which provide for the publication and distribution of information or data of a specialized or technical nature frequently through clearinghouses or libraries. This does not include conventional public information services designed for general public consumption.
Investigation of Complaints
Federal administrative agency activities that are initiated in response to requests, either formal or informal, to examine or investigate claims of violations of Federal statutes, policies, or procedure. The origination of such claims must come from outside the Federal government.
How much financial aid...
Range and Average of Financial Assistance
Not applicable.
Note:
This section lists the representative range (smallest to largest) of the amount of financial assistance available. These figures are based upon funds awarded in the past fiscal year and the current fiscal year to date. Also indicated is an approximate average amount of awards which were made in the past and current fiscal years.
Obligations
(Salaries and Expenses) Not Separately Identifiable.
Note:
The dollar amounts listed in this section represent obligations for the past fiscal year (PY), estimates for the current fiscal year (CY), and estimates for the budget fiscal year (BY) as reported by the Federal agencies. Obligations for non-financial assistance programs indicate the administrative expenses involved in the operation of a program.
Account Identification
16-0164-0-1-702.
Note:
Note: This 11-digit budget account identification code represents the account which funds a particular program.
This code should be consistent with the code given for the program area as specified in Appendix III of the Budget of the United States Government.
Examples of funded projects...
Not applicable.
About this section
This section indicates the different types of projects which have been funded in the past. Only projects funded under Project Grants or Direct Payments for Specified Use should be listed here. The examples give potential applicants an idea of the types of projects that may be accepted for funding. The agency should list at least five examples of the most recently funded projects.
Program accomplishments...
Processed 895 new complaint cases in fiscal year 2001, and closed 843 cases, of which 90 percent (759) were closed in 90 days or less. In addition to providing technical assistance in response to over 11,000 public inquiries, presentations were given to over 500 civic, employer, attorney and military organizations and groups. There are no applications for funds involved in this program.
Criteria for selecting proposals...
Not applicable.
Assistance considerations...
Length and Time Phasing of Assistance
Not applicable.
Formula and Matching Requirements
Not applicable.
Note:
A formula may be based on population, per capita income, and other statistical factors. Applicants are informed whether there are any matching requirements to be met when participating in the cost of a project. In general, the matching share represents that portion of the project costs not borne by the Federal government. Attachment F of OMB Circular No. A-102 (Office of Management and Budget) sets forth the criteria and procedures for the evaluation of matching share requirements which may be cash or in-kind contributions made by State and local governments or other agencies, institutions, private organizations, or individuals to satisfy matching requirements of Federal grants or loans.
Cash contributions represent the grantees' cash outlay, including the outlay of money contributed to the grantee by other public agencies, institutions, private organizations, or individuals. When authorized by Federal regulation, Federal funds received from other grants may be considered as the grantees' cash contribution.
In-kind contributions represent the value of noncash contributions provided by the grantee, other public agencies and institutions, private organizations or individuals. In-kind contributions may consist of charges for real property and equipment, and value of goods and services directly benefiting and specifically identifiable to the grant program. When authorized by Federal legislation, property purchased with Federal funds may be considered as grantees' in-kind contribution.
Maintenance of effort (MOE) is a requirement contained in certain legislation, regulations, or administrative policies stating that a grantee must maintain a specified level of financial effort in a specific area in order to receive Federal grant funds, and that the Federal grant funds may be used only to supplement, not supplant, the level of grantee funds.
Post assistance requirements...
Reports
Not applicable.
Note:
This section indicates whether program reports, expenditure reports, cash reports or performance monitoring are required by the Federal funding agency, and specifies at what time intervals (monthly, annually, etc.) this must be accomplished.
Audits
Not applicable.
Note:
This section discusses audits required by the Federal agency.
The procedures and requirements for State and local governments and nonprofit entities are set forth in OMB Circular No. A-133.
These requirements pertain to awards made within the respective State's fiscal year - not the Federal fiscal year,
as some State and local governments may use the calendar year or other variation of time span designated as the fiscal year period,
rather than that commonly known as the Federal fiscal year (from October 1st through September 30th).
Records
Not applicable.
Note:
This section indicates the record retention requirements and the type of records the Federal agency may require.
Not included are the normally imposed requirements of the General Accounting Office.
For programs falling under the purview of OMB Circular No. A-102, record retention is set forth in Attachment C.
For other programs, record retention is governed by the funding agency's requirements.
Regulations...
Authorization
38 U.S.C. Chapter 43.
Note:
This section lists the legal authority upon which a program is based (acts, amendments to acts, Public Law numbers, titles, sections, Statute Codes, citations to the U.S. Code, Executive Orders, Presidential Reorganization Plans, and Memoranda from an agency head).
Regulations, Guidelines, And Literature
The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 - Chapter 43 of Title 38, United States Code (USC) is available free of charge from USDOL-VETS offices listed in Additional Contact Information - FMR Help. The "Veterans' Reemployment Rights Handbook," dated 1988 is available at most public libraries. The Handbook is under revision to reflect changes resulting from the enactment of USERRA. However, the information in the 1988 edition retains general applicability. Regulations have not been developed.